The Powers of Congress Quick Check

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Question
Which of the following statements best describes how the necessary and proper clause led to Congress’s implied powers?(1 point)
Responses

The necessary and proper clause allows Congress to expand upon the powers stated in the Constitution, from which implied powers derive.
The necessary and proper clause allows Congress to expand upon the powers stated in the Constitution, from which implied powers derive.

The necessary and proper clause states that the Constitution is the supreme law of the land, which allowed Congress to create implied powers.
The necessary and proper clause states that the Constitution is the supreme law of the land, which allowed Congress to create implied powers.

The necessary and proper clause allows Congress to limit states’ rights, which led to Congress’s implied powers.
The necessary and proper clause allows Congress to limit states’ rights, which led to Congress’s implied powers.

The necessary and proper clause limits Congress’s power relative to the states in the Constitution, which created implied powers.

The necessary and proper clause allows Congress to expand upon the powers stated in the Constitution, from which implied powers derive.

The correct statement is:

The necessary and proper clause allows Congress to expand upon the powers stated in the Constitution, from which implied powers derive.

To determine the correct answer, let's break down the question and analyze each statement.

The necessary and proper clause, also known as the elastic clause, is found in Article I, Section 8, Clause 18 of the United States Constitution. This clause grants Congress the power to make all laws necessary and proper to carry out the powers vested in the federal government. It acts as a source of authority for Congress to expand upon its enumerated powers.

Statement 1: "The necessary and proper clause allows Congress to expand upon the powers stated in the Constitution, from which implied powers derive."

This statement accurately describes how the necessary and proper clause led to Congress's implied powers. By allowing Congress to make laws necessary and proper to execute its enumerated powers, the clause provides a basis for Congress to have additional powers beyond those explicitly mentioned in the Constitution. Implied powers are derived from this clause, making this statement correct.

Statement 2: "The necessary and proper clause states that the Constitution is the supreme law of the land, which allowed Congress to create implied powers."

This statement is incorrect because the necessary and proper clause does not explicitly state that the Constitution is the supreme law of the land. The Supremacy Clause, found in Article VI of the Constitution, establishes the Constitution, along with federal laws and treaties, as the supreme law of the land. While the necessary and proper clause grants Congress the authority to make laws necessary and proper to carry out its powers, it does not directly relate to the supremacy of the Constitution.

Statement 3: "The necessary and proper clause allows Congress to limit states' rights, which led to Congress's implied powers."

This statement is incorrect. The necessary and proper clause does not specifically grant Congress the power to limit states' rights. Instead, it enables Congress to make laws necessary and proper to execute the federal government's powers. While Congress's exercise of its implied powers may impact states' rights, this is not the direct result of the necessary and proper clause.

Statement 4: "The necessary and proper clause limits Congress's power relative to the states in the Constitution, which created implied powers."

This statement is incorrect. The necessary and proper clause does not limit Congress's power relative to the states. Instead, it grants Congress the ability to expand its powers beyond those specifically stated in the Constitution. Implied powers are derived from this expansion, rather than being limitations on Congress's power.

Based on this analysis, the correct answer is:
- The necessary and proper clause allows Congress to expand upon the powers stated in the Constitution, from which implied powers derive.

Please keep in mind that this explanation is provided for educational purposes and may not contain the full context or interpretation of the actual question.